Tag Archives: Survivorship

Joint tenancy and tenancy in common give different outcomes when an owner dies

Joint tenancy and tenancy in common are ways of owning property with others. Each works differently when an owner dies, see graphic below. This impacts who will inherit the deceased owner’s share. These graphics seek to highlight how each tenancy works.

In a joint tenancy, when one owner dies, the surviving one automatically owns the whole property. This happens independently of any will (and probate) because of the right of survivorship attaching to this tenancy type.

Many people own property with another person in a co-ownership arrangement. Spouses or partners typically own their residence together in joint names, family members; or friends may own a property together for investment.

An important issue to consider upfront when buying property are the consequences of when a co-owner dies. How the property is owned between people, that is, its tenancy, can give very different outcomes on death. Ideally these should be considered at the time of purchase.

Questions to ask include who can take a co-owner’s interest when they die? Would this be what they want to have happen? If not, can they state their intention in their will? Or is the property owned in a way that on death the interest automatically passes to the survivor/s outside of a will, as in joint tenancy? This article looks at tenancy issues. More →

Meaning of “issue”

"Issue" is a legal term meaning all descendants, including children, click the graphic above to read more.

Distribution per stirpes

Per stirpes and per capita are terms describing two ways of distributing a deceased person's property to their descendants. Click the graphic to read more.

Per capita distribution

Per capita distribution is a method of distributing a deceased estate - click the graphic to read more.

Whole blood relations: two common ancestors.

Half-blood relations: one common ancestor.

Related by affinity: is related by marriage.

Consanguinity: is related by blood.

Find a Lawyer

To find a legal practitioner in your state or territory providing legal services in wills and estates, contact your state or territory's law society; links to websites are listed under Australian Law Societies here.

"Solon was the first legislator who introduced wills into Athens; but in many other parts of Greece they were totally discountenanced. In Rome they were unknown, 'till the laws of the Twelve Tables were compiled, which first gave the right of bequeathing;"

Sir William Blackstone, Commentaries on the Laws of England, citation here.

Succession law contains the legal rules and principles regulating the transfer of a person’s property when they die to those entitled to inherit, either under the person's will, or by the statutory rules of intestacy, if they left no will.
Depending on the circumstances, a variety of other interconnected areas of law may apply.

WillsHub is intended for general information and interest only on Australian succession and inheritance law. It is not legal advice nor should it be relied upon as such. Everyone's situation is unique, however it may seem like another's. Readers should seek their own professional advice specific to their circumstances and rely on that. Please read the Terms of Use.